Completion notice numbers suggest Building Owners in breach of BCAR legislation

Dec 03, 2018

A review of the number of notices lodged with the Building Control Management System (BCMS) gives the following figures for the different types of notices required under the Building Control (Amendment) Regulations (BCAR) 2014. 

It is interesting to note that the number of notices to which BCAR applies (7 day and notices with compliance documentation) has fallen in 2017 and again in 2018. Does this reflect a slowing of the construction sector? Given that other indicators, including the Dublin crane count are at their highest in years this wouldn't seem to be the case.

The main issue that arises out of the above figures is the disproportionately low numbers of completion notices. Each 7 day and long form commencement notice has to be accompanied by at least one completion notice. In many projects, housing in particular, there are multiple completion notices for every commencement notice. As a result, these numbers do not add up.

Since commencement of BCAR there have been 26,741 long form commencement notices, but only 10,205 completion notices, or 38%. While we accept there is a lag to be expected between commencement and completion, this does not fully account for the gap observed. 

It would suggest that buildings may be being used, occupied or opened without a completion certificate in place. Failure to comply with these regulations can result in a fine of €12,500 and / or a term imprisonment of up to two years for the Building Owners.

 

comments powered by Disqus